Questions Answered by Francis M. Boyer

Q: How do I file my Complex Business Litigation Division Addendum?

1 Answer | Asked in Business Law for Florida on
Answered on Aug 23, 2012

You need to check with the Clerk of Courts. Each county has its own rule and also verify that the judge himself does not have his own set of rules too.

Q: What is the liability of someone who is a director, on a board of directors, in a company based in Florida?

1 Answer | Asked in Business Law for Florida on
Answered on Aug 23, 2012

The liability depends on the acts, or failure to act of that director. Simply put, being a director does not per se, make that director personally liable for the debts of the company. However, there many exceptions to this and a director can be held personally liable.

Q: I sold my bus, furniture store.still in my name.new owner is not paying balance.can i take any legal action?

1 Answer | Asked in Business Law for Florida on
Answered on Aug 23, 2012

Yes and ou should. The statute of limitations is 4 years for an oral contract and 5 years for a written contract.

Q: What are the procedures of converting foreign currency

1 Answer | Asked in Business Law for Florida on
Answered on Aug 23, 2012

The bank does it for you automatically when you receive a wire or deposit a check in foreign currency.

Q: What is required on an invoice submitted for payment to a private company?

1 Answer | Asked in Business Law for Florida on
Answered on Aug 23, 2012

Nothing more than your business name, an address and the description of what you are invoicing, but this is not the best practice. YOu should have terms and conditions. Quite frankly, these should be on the intake orders if you have that type of business.

Q: Do I need an attorney to prepare a dating service contract for our company?

1 Answer | Asked in Business Law for Florida on
Answered on Aug 23, 2012

Yes you should get an attorney. This is a fairly detailed agreement that you will need here.

Q: On line 4 of the UCC-1 (rev. 7-29-98 form) financing statement, what EXACTLY do i put as the collateral to be covered

1 Answer | Asked in Business Law for Florida on
Answered on Aug 23, 2012

Well, this should be the equipment or other items that you are placing a lien on...Ask the salespersons, they will not let you get hold of the equipment wihtout having pprotected themselves.

Q: Do I have to be living with my spouse in order to successfully petition for a green card?

1 Answer | Asked in Immigration Law for Florida on
Answered on Aug 23, 2012

Yes otherwie you are committing marriage fraud, punishible by heavy fines and several years in jail.

You need to prove that the marriage is real. very hard to do when the spouses are living separately.

Q: Do i need a social seruity to be usa citxen sorry about my spelling

1 Answer | Asked in Immigration Law for Florida on
Answered on Aug 23, 2012

You should already have a Social Security number if you are legally here. How are you filing your taxes? How are you working legally?

You cannot become a citizen without showing your tax returns.

Q: Can my incarcerated husband petition for me to immigrate to the U.S.?

1 Answer | Asked in Immigration Law for Florida on
Answered on Aug 23, 2012

If he is only in jail for a few days, yes. Your question lacks specifics. You also will need him to have financial resources to support you, or have other people to be able to support you.

Q: How can I apply for a visa?

1 Answer | Asked in Immigration Law for Florida on
Answered on Aug 23, 2012

So you came in without inspection, then you remained illegally for 4 years, got detained at an immigration jail, and failed to appear in court.

You have some serius troubles here.

Q: Which forms to fill out with uscis to stop removal of a relative

1 Answer | Asked in Immigration Law for Florida on
Answered on Aug 23, 2012

This is not a do-it-yourself job. There is no forms for it as you will have to battle teh case in federal immigration court.

Q: My mom doesn't want to become a U.S. citizen, but I do. I am 17 years-old

1 Answer | Asked in Immigration Law for Florida on
Answered on Aug 23, 2012

Wait until you can file on your own in a little bit. It should also be 5 years from the date you became a permanent resident assuming you satisfy the criteria.

Q: Please cite Federal caselaw on question: Can a natural-born US citizen relinquish Federal, but NOT STATE, citizenship?

1 Answer | Asked in Immigration Law for Florida on
Answered on Aug 23, 2012

A natural-born citizen has U.S. citizenship by birth. One is a citizen of the United States.

Even though we also speak of being a citizen of Florida, there is no such thing as a citizenship of Florida.

Hence, you can renounce U.S. citizenship and become a foreigner, without a legal right t olive or work in the U.S., but you cannot retain a Floridian citizenship because this one never existed.

Q: Florida owns the water and the Bay System, so if I build a pier, can I legally keep boaters off of it.

1 Answer | Asked in Admiralty / Maritime for Florida on
Answered on Aug 23, 2012

Indeed the State owns the water, at least up until a certain level. If you build a pier, meaning after obtaining a permit for building it on your land an extending into the river or sea, you can kee people off that very pier.

Q: I have a certified judgment and want to garnish wages of a single person. Should I use an attorney?

1 Answer | Asked in Collections for Florida on
Answered on Aug 23, 2012

It all depends on the amount and the true possibility of recovering, collecting from that person.

Q: How do I find out the bank of a New Jersey business? Business is in NJ, but I am in Florida

1 Answer | Asked in Collections for Florida on
Answered on Aug 23, 2012

Often times you will have to hire some investigative services for that because you do indeed need a bank's name. Otherwise, you can do a Motion for Post-Judgment and force financial discovery.

Q: What do I need to do if I got a call to pay a check written back in 2002?

1 Answer | Asked in Collections for Florida on
Answered on Aug 23, 2012

No idea if the caller even owns the debt and if the check was really yours. Also the suit would probably be barred since it is 10 years old.

Q: Do you have a form that I can use in Fort Myers, Florida for a writ of garnisment?

1 Answer | Asked in Collections for Florida on
Answered on Aug 23, 2012

A writ of garnishment will do you no good if you do not have a list of assets. Homes, land, cars, or a job? Also look at what has a mortgage on it, what cannot be seized by law because of exemptions before you spend money $188 for a writ, plus $100 court registry, and a process server and some more time on this.

Q: In a Florida writ of garnishment, how many copies o the fmotion and writs have to be filed?

1 Answer | Asked in Collections for Florida on
Answered on Aug 23, 2012

Well, one for the COurt, one copy to the debtor, one copy for the Garnishee (employer, bank etc...) but you need to serve this on the garnishee with a process server and place the $100 with the court for their fees in responding to your motion to garnish. Be also careful t oattach the list of exemptions the debtor could claim under the law.

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